How does probate work in Virginia?

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1. Governing Code.   Virginia Code Title 64.2 (Wills, Trusts, and Fiduciaries). Virginia has not adopted the UPC.    2. Court.   Clerk of the Circuit Court in the county or city of the decedent's domicile handles probate; the Commissioner of Accounts supervises administration (Va. Code § 64.2-444).    3. Petition to Open.   Application for Probate filed with the Clerk under Va. Code § 64.2-446 by the named executor. The Clerk admits the will to probate; the Circuit Court hears contests.    4. Letters Testamentary / Letters of Administration.   Issued by the Clerk under Va. Code § 64.2-500 after qualification, oath, and bond.    5. Notice to Creditors.   Virginia does not require published notice. The personal representative must give written notice within 30 days of qualification to heirs and beneficiaries under Va. Code § 64.2-508. Creditor claims must be presented to the Commissioner of Accounts; one year from qualification before debts are barred (Va. Code § 64.2-552).    6. Inventory.   Filed with the Commissioner of Accounts within 4 months of qualification under Va. Code § 64.2-1300.    7. Informal Administration.   Virginia has no separate "independent" administration, but administration proceeds informally under the supervision of the Commissioner of Accounts; court intervention is reserved for contested matters.    8. Small-Estate Procedure.   Small Asset Affidavit under Va. Code § 64.2-601 for personal property up to $50,000 (no will or after probate). Real Estate Affidavit under Va. Code § 64.2-510 transfers real estate without administration when no qualification is needed.    9. Closing.   Annual Accountings and Final Account filed with the Commissioner of Accounts under Va. Code § 64.2-1206; the Commissioner audits and approves before discharge.    10. Probate Avoidance.   Virginia Transfer on Death Deed under Va. Code § 64.2-621 et seq. (Uniform Real Property Transfer on Death Act), revocable living trust, joint tenancy with right of survivorship, tenancy by the entirety, POD/TOD accounts, and beneficiary designations.  This is legal information, not legal advice.